Protector has become attacker: Allahabad High Court on police assault of a woman who married against family's wishes

Protector has become attacker: Allahabad High Court on police assault of a woman who married against family’s wishes

4 May 2022

Protector has become attacker: Allahabad High Court on police assault of a woman who married against family’s wishes

[Kavita Gupta v. State of Uttar Pradesh] The Allahabad High Court on Friday ordered the Senior Superintendent of Police (SSP) in Varanasi to investigate an alleged assault by police personnel on a lady who married against her family’s wishes.

If the claims are proven to be accurate, according to Justice Rahul Chaturvedi, disciplinary action must be taken against those guilty.

“This is an intolerable scenario in which police officers who are supposed to be protectors have turned attackers.”

The ruling came during a hearing on a habeas corpus petition filed by the woman’s husband, who seeking the release of his wife, who allegedly held against her will by her father.

The petitioner’s husband told the court that; they married on April 30, 2021, and that; their marriage registered in September of the same year. He said the petitioner against her will by her family since February 2022.

The woman produced in accordance with the Court’s order, and the judge had the chance to speak with her.

During this encounter, she told; the Court that; her brothers treated her badly since she married against their preferences. On April 26, last year, she said she viciously abused by the police chowki in charge and two women constables.

The petitioner’s brothers ordered to cut all relations with their sister and not to harass or mistreat her just because;  she married a guy of her choosing. Given her brothers’ threats, the police instructed to provide enough security for the woman, her husband, and her in-laws, as well as to keep a careful eye on their safety.

Finally, the High Court stated that the petitioner had every right and free to accompany her spouse. According to the order,

“Given the unusual conditions and circumstances, Kavita Gupta, assuming she is a major girl who chosen to accompany her husband, has every right to do so. Kavita Gupta is free to accompany her husband Mahesh Kumar Vishwakarma to the event.”

The petitioner’s lawyer, Mithilesh Kumar Gupta, appeared on her behalf. Ashish Kumar Mishra, a government lawyer, represented the respondents.

Read more blogs and [email protected]advocatetanwar.com